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Ukraine

Civil Procedural Code of Ukraine

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Ukraine

Year of current version:2009
Date of entry into force of original text:September 1, 2005
Date of Text (Enacted):March 18, 2004
Type of Text:IP-related Laws: enacted by the Legislature
Subject Matter:Enforcement of IP and Related Laws, Geographical Indications, Industrial Designs, Layout Designs of Integrated Circuits, Other, Trademarks, Utility Models
Notes:
The WTO notification states:
The purpose of civil proceedings is fair, unprejudiced, and timely examination and resolution of civil cases aimed at protecting infringed, unrecognized, or disputed rights, liberties, or interests of natural persons, rights and interests of legal entities, and state interests.

Article 151 provides that, upon request of an interested person, a court may resort to injunction prior to filing of an action, with the purpose of preventing infringement of an intellectual property right, in particular, to an invention (utility model); deadline is fixed for the filing of such request and of annexes to it.

Article 3 of the Code of Civil Proceedings of Ukraine provides for the right of judicial recourse for protection.
Article 133 establishes that persons taking part in a case and holding the opinion that presentation of necessary evidence is not possible or that they face difficulties in submitting such evidence, have the right to submit a request for securing such evidence.

Article 151 provides that a court may, upon submission of persons taking part in a case, take measures to secure the suit.
Article 155 provides for compensation of damages inflicted by measures to uphold a suit, and for the return of the object of pledge.
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Civil Procedural Code of Ukraine Civil Procedural Code of Ukraine, Complete document (pdf) [391 KB] Civil Procedural Code of Ukraine, Complete document (htm) [645 KB] (Version with Automatic Translation Tool)

WIPO Lex No.:UA025

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